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MD Agency Terms & Conditions

Welcome to MD Agency! These Terms and Conditions (“Terms”) govern your use of our website and the services we offer (“Services”). By accessing or using our website or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our website or Services.

1. Definitions

  • Content: Any text, graphics, images, audio, video, software, or other materials available on or through our website or Services.
  • Services: The marketing, consulting, and design services provided by MD Agency. These include, but are not limited to, social media marketing, SEO, PPC advertising, content marketing, email marketing, graphic design, and web design. Specific services may vary.
  • Us or We: MD Agency.
  • Website: The website of MD Agency located at [your website address].
  • You: The user of the website or Services.

2. Use of Website and Services

  • You agree to use our website and Services only for lawful purposes and in accordance with these Terms.
  • You are prohibited from using our website or Services for any illegal or unauthorized activity, including but not limited to:
    • Violating any laws or regulations.
    • Infringing on any intellectual property rights of a third party.
    • Transmitting any harmful or offensive content.

3. Unlimited Services

MD Agency offers an unlimited range of services for a fixed monthly fee, providing businesses with access to our resources, skills, and expertise without limitation on the number of tasks submitted during the subscription period.

3.1 Service Scope
While we strive to offer a comprehensive range of marketing services, “unlimited” services have limitations. The scope includes:

  • Included Services:

    • Ongoing strategy development and optimization.
    • Campaign management across various marketing channels.
    • Regular reporting and performance analysis.
    • Content creation within pre-defined parameters.

  • Not Included Services:

    • Excessive revisions or requests beyond the agreed scope.
    • Paid advertising spend (requires a separate budget).
    • Stock photos or other premium content requiring additional licensing.

We encourage open communication to ensure your expectations are aligned with our service offerings.

3.2 Subscription Period and Renewal

  • The Unlimited Services subscription will commence on the date of the first payment and will automatically renew monthly unless terminated by either party with prior written notice. Termination must be provided at least 30 days before the next billing cycle.

3.3 Usage Limitations

  • Tasks will be completed sequentially based on the agreed priority. MD Agency reserves the right to define the scope of each task and suggest completion times based on resource availability.
  • Client Responsibility for Lateness: Any delay in providing necessary information, approvals, or feedback from the client side will be the client’s responsibility, and the agreed timeline may be adjusted accordingly.
  • Service Utilization: The client is solely responsible for using the services provided. If the client fails to utilize the services during the subscription period, the charges will still apply, and no refunds or compensations will be made for unused services.

3.4 Payment and Refund Policy

  • Payment for Unlimited Services is due monthly in advance. All fees are non-refundable, including in cases where the client fails to utilize the services provided within the period.

3.5 Intellectual Property

  • All deliverables are the sole and exclusive property of the client once payment has been made in full.
  • MD Agency retains the right to showcase completed projects in our portfolio unless otherwise requested by the client.

3.6 Confidentiality
Both parties agree to keep all information confidential and not disclose any proprietary information to third parties without prior consent.

3.7 Limitation of Liability
MD Agency shall not be liable for any incidental, consequential, or indirect damages arising out of the use or inability to use our services.

4. Work Per Project

4.1 Service Scope
MD Agency provides project-based services, including defined deliverables, schedules, and milestones agreed upon by both the client and MD Agency.

4.2 Project Timeline

  • Project timelines are established at the beginning of the agreement and include specific milestones and deliverables. MD Agency will make all reasonable efforts to meet deadlines; however, any changes requested by the client may affect the delivery schedule.
  • Client Responsibility for Lateness: Any delay from the client side, including providing necessary approvals or required inputs, will be the client’s responsibility. This may lead to adjustments in project timelines.

4.3 Payment Terms

  • Payments for Work Per Project services can be structured as either fixed price or milestone-based payments. An upfront non-refundable payment may be required to commence work. Subsequent payments will be released upon the completion and acceptance of specific project milestones.

4.4 Revisions

  • Each project includes a limited number of revisions, as specified in the project agreement. Additional revisions beyond the specified number will be charged at an hourly rate. If the client does not request revisions within 5 business days of receiving the deliverable, it will be considered accepted.

4.5 Termination

  • Either party may terminate the project agreement for breach if the other party fails to cure such breach within 10 business days of written notice. In the event of termination, MD Agency will invoice the client for work completed up to the date of termination.

4.6 Ownership and Rights

  • Upon full payment, the client will obtain ownership of the deliverables, including intellectual property rights. MD Agency retains the right to use any work created for promotional purposes unless otherwise restricted by the client.

4.7 Confidentiality and Non-Disclosure

  • MD Agency and the client agree to hold confidential all proprietary information exchanged during the course of the project. This confidentiality obligation will survive the termination of the project agreement.

5. Intellectual Property

The website, Services, and all Content are protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works of any Content without our prior written consent.

6. Billing Terms

6.1 Recurring Charges
You’ll be charged a monthly, quarterly, or annual fee based on the plan you select. This fee will be automatically billed on a recurring basis.

6.2 Cancellation Policy

  • To cancel your subscription, you must notify us at least 1 month before the end of your current billing period.
  • Cancellations will be processed at the end of the billing period following your notice. You will be responsible for the charges incurred up to the cancellation date.

6.3 Cancellation Fees

  • A cancellation fee of 20% of the monthly value will apply for cancellations of 3 or 6-month plans.
  • Cancellations for 1-month plans are free after the period is over, provided you notify us before the renewal.
  • This revision ensures you receive a one-month notification before processing cancellations and clarifies that the free cancellation for 1-month plans only applies if notified in advance.

7. Disclaimer of Warranties

WE PROVIDE THE WEBSITE AND SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.

8. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

9. Indemnification

You agree to indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or in connection with your use of the Website or Services.

10. Termination

We may terminate your access to the Website or Services at any time, for any reason, without notice.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provisions.

12. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Website and Services.

13. Contact Us

If you have any questions about these Terms, please contact us at info@md-agency.net

MD Agency is located in Denver, Colorado.